[newsimage]http://static.rankone.nl/images_posts/2012/01/Dflsc0.jpg[/newsimage]Federal prosecutors are attempting to have a judge force a Colorado woman to provide the decryption password for her personal laptop. The woman has been accused of bank fraud and the feds want access to the files on her computer for their case against her. Read the full article here: [http://www.myce.com/news/feds-attempt-to-force-suspect-to-provide-laptop-password-56857/](http://www.myce.com/news/feds-attempt-to-force-suspect-to-provide-laptop-password-56857/) Please note that the reactions from the complete site will be synched below.
If she pleads the 5th Amendment then she shouldn’t have to give any information that might incriminate her. Including passwords?
Can’t they just suspect her of terrorism, which now means that she has no rights at all to a trial?!
(I wish I were just kidding, but unfortunately not)
Just because Congress passed the so called “Patriot” act doesn’t mean it’s Constitutional . There is no law that can be passed in the USA that legally over rides the US Constitution. Just because the Congress & Executive branch have gotton by with this doesn’t make it legal .
For example can Congress pass a law re instituting slavery overriding the 13th amendment ?
Suddenly it sounds worse when put in that light.
To violate the 5th amendment is no different.
So forced self-incrimination is a violation.
Unfortunately there are already some precedents set for this.
One is where a suspected biological father is required to submit DNA samples to prove he is the father. Of course sometimes it proves he isn’t but that is not why it is done.
While I’m on that in some states men have been forced to pay child support even when the DNA proved they weren’t the biological father . Just because they were married to the woman.
I’m still waiting for a case where a father has a child from an affair while he is married & forces his wife to pay child support for a child not biologically hers . Under the equality under the law principal.
Back to the womans computer : There seem to be some concern that the government attempting to extract the information without damaging the computer . Since when did the government become so concerned with damage during a search . I’ve seen pictures of cars they searched for drugs. They sure didn’t seem concerned with those.
She should plead the 5th. The worst they can do is hold her in contempt, and they can only detain you so long for that. I would not say a thing. Remain silent.
The only time they can force you to give testimony that might incriminate you is to grant you immunity from anything they learn from what you say. This is how they force testimony from people testifying in front of a Grand Jury. Otherwise she doesn’t have to say a word. If given immunity and she doesn’t talk, the judge can keep her in jail for as long he/she wants.
It’s very easy for outsiders of the case to yell the 5th amandment.
You can plead the 5th all you want, but in the end you might just want to go home and get rid of the physchological (and perhaps even physical) torture. The 5th is a nice thing, but it won’t save your sorry ass in jail.